The Labor enquirer., 1887-01-22
Gary's RascalIy Scheme Lu-
cidly Shown up-..0utrage-
Gus Decisions.
Every Juror Prejudiced Against
the Prisoners-Instructed
TO Convict.
The Gary.Grinnsll ConspIraey Ana.
lyzed-Law, Precedent, Rulss Of
EvIdence-All Trampied.
For the ENQUIRER.

FOR tne ENQUIRER.
In the appeal Of the Anarchists' case
TO the supreme court Of the state OF iii.
nois, rs most readers have not had an
opportunity to read the official report Of
that case as signed by Judge Gary. will
here present q few ofths facts contained
in that report, that the readers may
have an idea Of the grounds upon which
new trial wa asked for from Judge
Gary.
II was not expected that Gary would
grant new trial, but II was necessary
TO ask him and have him refuse to grant
II before his decision could be appealed
from. Every decision Judge Gary made
against the prisoners from the begin
ming Of the trial to the end Of the hear.
ing for new. trial has been excepted to
and is now before the supreme court for
rehearing.
II the supreme court decides that
Judge Gary ruled unlawfally against the
prisoners IN any one material point then
new trial will be granted. But the
honor and justice Of 9 supreme court is
not always TO be relied upon. especially
when there Is an opportunity to render
decision against slaves, wsge-slaves or
their defenders as Is shown by the bred
Scott decision In the supreme court Of
the United States. The opinion was
delivered in 1859 BY Roger B. Taney,
then the chief justice. and II was con.
Cured In BY a majority Of the aupreme
Judges.
II reads: "A slave has no rights q
free man Is bound to respect" Yet
every statein the Union had at that time
strict laws to protect the rights Of ami
mails. When a capitalist Is dealing with
slave or an underling he is never to be
depended upon no matter whether he Is
running railroad, a newspaper or q
court. He 10 slwavs preiudiced and
generally unprincipled, and the supreme
court Of Illinois needs watching for their
decision may require as bloody rebuke
M the people gave to old Taney's deci-
sion. But TO know the honor ola
Judges decision II Is first necessary to
know the facts II is based upon. and the
oNject Of this letter Is to help get the
facts In the Anarchists' case, before the
people as they now stand attested be.
fore the supreme court. -
', Under their motion for q new trial
the prisoners alleged that Bailiff Ryce
who summoned all the men who were
examined as Jurors. said: II am man.
aging this case and know what am
about. Those fellows will hang as cer-
tain as death. l am summoning as
jurors only such men as they will be
compelled TO challenge peremptorilv,
and when they have exhausted their
peremptorv challenges they will have to
take such a jury ss is satisfactory TO the
state" Knowing this, II proved. would
be sufficient cause for granting q new
trial, Judge Gary. to prevent its being
proved, refused to summon any wit
nesses or hear any evidence that Bailitf
Rice made such remark or acted on
such principle while summouing the
Jury. This rascally double deal Of Ryce
aud Gary TO prevent q fair trial Is with
out parallel.
A "peremptory challenge is this :
The prisoner has right TO challenge
twenty persons who are called to sit on
his jury, and need not give any reason
for challenging anv one Of them. A per-
son 80 challenged cannot sit on the jury.
After the prisoner has used up his twenty
" peremptosy challenges, then to get rid
of an o, iectionable person who has been
called TO sit on the jury, the prisoner
must show by examining this person
that he holds malice or prejudice against
the prisoner. Such challenge Is
called a challenge for cause" Every
person called to sit ON the jury Is put
under oath and then questioned as to
what he knoAs about the case or the
prisoner, and to see II he has any preiu
dice against the prisoner.
On trial Of one Collins the supreme
court Of Illinois decided <S lll..ps9e l46l
that II has been repeatedly held BY this
court, that II q Juror has decided
opinion respecting the case, whether his
opinion is based on q personal knowl
edge Of the facts or based on statements
made to him by other persons, or has .
decided opinion based on mere rumor
such a person Ia prejudiced and II chal
lenged for cause. 10 not lawful Juror tf
sit on the case. and . verdict found BY
such person must DO set aside and .
Ifew trial granted.
In the great trial OF Aaron Burr whict
occurred In 1907, au appeal 10 the gu
preme court Of the United States, Chic
Justice Marshall. one Of the most abl
judges the countrv has ever seen ant
one Of the most upright Of men. in ths
case said:
The great value Of trial by jur'
certainly consists In IL fairness and i'm
partiality. But this result is not 10 b
expected. Certainly the Law does no
expect 1t. II the iurprs. before thsv hsa